Lawrence Lombardi v. United States

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT April 20, 2005 No. 04-12691 THOMAS K. KAHN Non-Argument Calendar CLERK ________________________

D. C. Docket Nos. 02-00360-CV-4-RH and 99-00071-CR-4-R

LAWRENCE LOMBARDI,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

________________________

Appeal from the United States District Court for the Northern District of Florida _________________________

(April 20, 2005) Before TJOFLAT, ANDERSON and WILSON, Circuit Judges. PER CURIAM:

In this appeal, appellant challenges the district court’s decision rejecting his Fed. R. Crim. P. 33 motion for new trial based on newly discovered evidence as time-barred because the motion was not filed within the three-year limitations period the rule prescribes. Rule 33's limitations periods are jurisdictional. United States v. Bramlett, 116 F. 3d 1403, 1405 (11th Cir. 1997). The district court therefore lacked jurisdiction to consider appellant’s motion.

AFFIRMED.